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OIL, CHEMICAL & ATOMIC WKRS. UNION v. N.L.R.B.

No. 93-1299.

46 F.3d 82 (1995)

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, Petitioner v. NATIONAL LABOR RELATIONS BOARD, Respondent. TNS, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1995.

Rehearing and Suggestion for Rehearing Denied April 24, 1995.

Attorney(s) appearing for the Case

George H. Cohen, argued the cause for petitioner. With him on the briefs were Jeremiah A. Collins and Susan L. Carney.

John H. Fawley, Atty., N.L.R.B., argued the cause for respondent. With him on the brief were Howard E. Perlstein, Deputy Asst. Gen. Counsel, Linda R. Sher, Acting Associate Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel.

On the brief for intervenor were Robert L. Thompson, William M. Earnest and Nancy F. Reynolds.

Douglas S. McDowell, entered an appearance for amicus curiae Labor Policy Ass'n.

Mona C. Zeiberg, entered an appearance for amicus curiae Chamber of Commerce.

Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied April 24, 1995.

Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

The underlying question in this case is whether employees who engage in a strike, which allegedly began as a protest over "abnormally dangerous" working conditions within the meaning of section 502 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 143 (1988), should be deemed unfair...

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